Terms and Conditions

Last modified: May 15, 2023

These Terms of Use and Purchase (“Terms”) govern your access to and use of Bellinterno Inc.’s (“Company”) website, located at Bellinterno.com (the “Site”), as well as your purchase of any of the products and/or services (the “Product(s)”) offered on the Site. These Terms do not modify any other agreements you may have with Bellinterno Inc. or its subsidiaries, affiliates, or partners, for products, services, or other matters. If you are accessing the Site on behalf of an entity, you represent and warrant that you have the authority to accept these Terms on behalf of the entity.

PLEASE CAREFULLY REVIEW THESE TERMS OF USE BEFORE ACCESSING, USING, PURCHASING A PRODUCT, OR REGISTERING FOR THIS SITE. YOUR ACCESS TO AND USE OF THE SITE, AS WELL AS ANY PURCHASE OF PRODUCTS ON THE SITE, IS SUBJECT TO THESE TERMS OF USE AND ALL OTHER TERMS, AGREEMENTS, GUIDELINES, AND DISCLOSURES INCORPORATED BY REFERENCE. BY ACCESSING OR USING THE SITE, OR PURCHASING ANY PRODUCTS ON THE SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE OR PURCHASE ANY PRODUCTS ON THE SITE.

IT IS IMPORTANT TO NOTE THAT THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE ALL DISPUTES BETWEEN US. PLEASE REFER TO SECTION 13 BELOW FOR THE DETAILS OF OUR AGREEMENT TO ARBITRATE.

1. Modification of the Terms

Bellinterno Inc. reserves the right to modify these Terms of Use at any time without prior notice. Any changes to these Terms of Use will be posted on the Site, and your continued use of the Site following the posting of any such changes shall constitute your acceptance of the modified or amended Terms of Use. By continuing to use the Site, you acknowledge and agree to abide by the modified or amended Terms of Use.

2. Privacy Policy

Please refer to Bellinterno Inc.’s Privacy Policy for details on how we collect, use, and disclose personally identifiable information from our users. Our Privacy Policy can be found on our website by clicking here: Privacy Policy, and should be reviewed carefully by all users.

3. Use of the Site

  1. To use the Site, you must be at least eighteen (18) years of age. Membership to the Site is prohibited in areas where it is legally restricted. By using the Site, you affirm that you possess the right, authority, and capacity to enter into and abide by these Terms of Use.
  2. Limited License. You are granted a limited, non-transferable, non-sublicensable, and revocable license to access and use the Site in accordance with the terms and conditions of these Terms of Use.
  3. Registration. To register for the Site, you will be required to provide certain personal information. You agree to provide accurate, current, and complete information about yourself, and to maintain the confidentiality of your password and identification. You are responsible for maintaining the accuracy, completeness, and currency of your Registration Data and any other information you provide to the Company, and for any actions taken through your account.
  4. Communications. By accessing, using, purchasing Products, or registering for the Site, you agree to receive certain communications from the Company in connection with the Site and the Products.

4. Ownership of Site Content

All content on the Site, including but not limited to designs, text, graphics, pictures, videos, information, applications, software, music, sound, and other files, as well as their selection and arrangement (the “Site Content”), are the exclusive property of Bellinterno Inc. or its licensors, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of the Company. Bellinterno Inc. also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights worldwide associated with the Site Content and the Site, which are protected by copyright, trade dress, patent, trademark laws, and all other applicable intellectual and proprietary rights and laws.

5. Prohibited User Conduct

Users are hereby notified that the use of this Site or its Content is strictly prohibited for any of the following purposes: (a) to engage in any activity deemed unlawful; (b) to solicit or encourage others to participate in any unlawful activity; (c) to contravene any international, federal, provincial or state laws, regulations, rules, or local ordinances; (d) to infringe on the Company’s or any third-party’s intellectual property rights; (e) to engage in any form of harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation or discrimination on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to provide false or misleading information; (g) to upload or transmit any viruses or malicious code that may adversely affect the Site’s or any related website’s operation or functionality, or the Internet as a whole; (h) to collect or track the personal information of others; (i) to engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping activities; (j) for any immoral or obscene purposes; or (k) to interfere with, or bypass, the Site’s or any related website’s security features. The Company reserves the right to terminate the use of the Site or any related website, in the event that any of these prohibited uses are found to have been breached by the user, as set forth in these Terms of Use.

6. User Content

The Site may contain interactive areas or services that enable users or third parties to create, post, modify, or store information, content, materials, or other items on the Site. You are solely responsible for your use of the Site, and such use is at your own risk. By using the Site, you agree not to post, upload, transmit, distribute, store, create or otherwise publish any of the following User Content:

  • False, misleading, unlawful, libelous, defamatory, infringing, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, hateful, or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment;
  • Any answers, responses, comments, opinions, analysis or recommendations that you are not properly qualified to provide; and/or
  • User Content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person or entity from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type.

You represent and warrant that you have the lawful right to distribute and reproduce any User Content that you post, and that such User Content is accurate and not misleading. You further represent and warrant that your use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

You grant the Company and its partners and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, fully assignable, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display User Content throughout the world in any media whether now known or hereinafter created. You also grant the Company and its partners, affiliates, assignees, and sublicensees the right to use the name that you submit in connection with such User Content.

You acknowledge and agree that the Company takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. Enforcement of the User Content or the conduct rules set forth in these Terms of Use is solely at the Company’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of the Company’s right to enforce such rules in other instances.

Although the Company has no obligation to screen, edit, or monitor any of the User Content posted on the Site, the Company reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted or stored on the Site at any time and for any reason without notice. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

7. Products

The Site may offer certain Products exclusively for online purchase, subject to limited quantities. All Product purchases are subject to our Refund Policy for returns or exchanges.

We have endeavored to display the colors and images of our Products as accurately as possible on the Site. However, we cannot guarantee that your computer monitor’s display of any color will be precise.

The Company retains the right, but is not obligated, to restrict the sale of our Products to certain persons, geographic regions, or jurisdictions, as we see fit on a case-by-case basis. We reserve the right to limit the quantity of any Product we offer, as well as to modify any Product’s description or pricing at our discretion without prior notice. We also reserve the right to discontinue any Product at any time. Any offer for a Product on this Site is void where prohibited by law.

We do not warrant that any Product, service, information, or other material purchased or obtained through the Site will meet your expectations, nor do we guarantee that any errors on the Site will be corrected.

 

8. Accuracy of Billing and Account Information

The Company retains the right to reject any order placed with us. We may, at our discretion, limit or cancel the quantities purchased per person, household or order. These restrictions may apply to orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make any changes to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time of order placement. The Company reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

By using our Site, you agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. It is your responsibility to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that the Company can complete your transactions and contact you as needed.

9. Third-Party Links

This Site may contain links to other websites for the convenience of users. The Company has not reviewed these other sites and has no control over them, as they are maintained by third parties. The Company disclaims any responsibility for the content, policies, and practices of these other websites and makes no representations regarding the availability, accuracy, reliability, completeness, currency, quality, performance, or suitability of the information, products, and services available or advertised on or through these other websites. These links should not be construed as an endorsement or affiliation of the Company with any other website or website owner, or any information, products, or services provided by any third party. When you leave this Site, please be aware that the Company’s terms and policies may no longer apply, and you should review the applicable terms and policies of each linked website.

10. Indemnification

As a user of the Site, you acknowledge and agree that you will defend, indemnify, and hold the Company, its parent, subsidiaries, partners, service providers, affiliates, officers, employees, and agents (“Company Related Parties”) harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees and costs, arising from or related to any of the following: (i) your User Content or use of the Site, (ii) any breach or alleged breach of these Terms of Use by you, (iii) any infringement of a third-party right, including but not limited to intellectual property rights, publicity rights, confidentiality rights, property rights, or privacy rights, by you, (iv) any violation of applicable laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authority by you, and/or (v) any misrepresentation made by you. You agree to fully cooperate with the Company in the defense of any such claim. The Company reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree not to settle any claim without the prior written consent of the Company.

11. Gift Cards

Gift cards are available for purchase online in denominations of $50, $75, $100, $200, $500, $750, $1000, and $2000. These gift cards have no expiration date and can be used to make online purchases by entering the gift card number at checkout. By using a gift card, the user accepts the following terms and conditions. The gift card cannot be exchanged for cash, except as required by law. The gift card is issued by Bellinterno Inc. and can only be used to purchase merchandise on www.bellinterno.com. The gift card cannot be used for payment on any credit card account, to purchase another gift card, or for any previously purchased merchandise. The gift card should be treated as cash, and if lost, stolen, or destroyed, Bellinterno may replace it upon receipt of the card number. The replacement card will have the same value as the original card at the time of the report of loss, theft, or unauthorized use. For any assistance, please contact customer service at 1-888-851-9705. The e-gift card number is required for all inquiries.

12. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF THE COMPANY OR ITS RELATED PARTIES, TO YOU OR ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU, EXTEND TO INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN RELATION TO (I) YOUR USE OF, OR INABILITY TO USE, THE SITE, (II) YOUR USE OF, OR INABILITY TO USE, THE PRODUCTS, OR (III) THESE TERMS OF USE. THESE EXCLUSIONS SHALL APPLY TO ALL CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT BE ALLOWED IN CERTAIN STATES OR JURISDICTIONS. IF SO, THE LIABILITY OF THE COMPANY AND/OR ITS RELATED PARTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY AND/OR ITS RELATED PARTIES’ CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO THE COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM OR (B) $100. IF YOU ARE A RESIDENT OF CALIFORNIA, YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

13. Arbitration

This provision sets forth the terms of an agreement to arbitrate disputes, other than those limited to small claims, between you and the Company, which includes the Company, its affiliates, and their respective officers, directors, employees, and agents. You and the Company agree to resolve any such disputes through arbitration before a single arbitrator in accordance with the current rules of the American Arbitration Association (AAA), either in a location near the closest AAA office to you or remotely if such location is not reasonably convenient to either party. The Federal Arbitration Act governs the arbitrability of all disputes between you and the Company.

If you do not wish to be bound by this arbitration provision, you must provide written notice to the Company within 30 days of your initial acceptance of these Terms via email to legal@bellinterno.com, explicitly stating your desire to resolve disputes with the Company in court rather than through arbitration. Additionally, you agree not to participate in any class action, class-wide arbitration, claims brought in a representative capacity, or consolidated claims involving another person’s account or dealings with the Company if the Company is a party to the proceeding.

The arbitrator has the authority to interpret and determine the validity of the arbitration provision, including its unconscionability. If the arbitrator determines that the arbitration provision, including the class waiver, is unenforceable in whole or in part, the entire arbitration provision shall be deemed null and void, and either party may bring the dispute before a court of law.

14. Submissions

By using the Site, you acknowledge and agree that any feedback, suggestions, ideas, comments, questions, or other information provided by you to the Company regarding the Site (“Submissions”) shall become the sole and exclusive property of the Company, and that such Submissions are not confidential. The Company shall have the right to use, disclose, reproduce, modify, adapt, publish, translate, distribute, create derivative works from, and otherwise exploit such Submissions for any purpose, commercial or otherwise, without any obligation of compensation or acknowledgement to you. You acknowledge that the Company will own all rights, title, and interest in and to any and all such Submissions, including all intellectual property rights.

15. Electronic Contracting and Notices

Your act of using this Site, purchasing Products, and/or registering for the Site signifies your agreement to these Terms of Use, which includes our Privacy Policy, and your consent to conduct transactions with us electronically. By using this Site, you acknowledge that your actions constitute an electronic signature that carries the same legal weight as a handwritten signature. You also agree to receive all notices and communications from us electronically, including but not limited to, notices regarding changes to these Terms of Use or other policies. It is your responsibility to keep your contact information accurate and up-to-date.

16. Digital Millennium Copyright Act Notice

If you suspect that your copyrighted work has been unlawfully copied in a manner that constitutes copyright infringement and is accessible on this Site, please inform Company’s copyright agent, as specified in the Digital Millennium Copyright Act (DMCA). To ensure that your complaint is valid under the DMCA, you must provide the following information in writing: (i) an electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work that you claim is being infringed; (iii) identification of the material that is claimed to be infringing and its location on the Site; (iv) your contact information, such as your address, phone number, and email address, which is sufficient for the Company to contact you; (v) a statement indicating that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted via physical letter and sent to the following address:

BELLINTERNO
Attn: DMCA
1111 Brickell Ave.
10th Floor
Miami, FL 33131

And by email to: legal@bellinterno.com.

17. Termination

The Company reserves the right to terminate and/or suspend your account at its sole discretion, without prior notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Site by you or by someone using your account. Additionally, the Company may terminate or suspend your account for any reason, including extended periods of inactivity. The Company shall not be held liable to you or any third party for any termination of your access to the Site. Notwithstanding any termination or expiration of these Terms of Use, Sections 4, 7, 8, 10, 11, 12, 13, and 19 shall remain in effect.

18. Assignment

The Company reserves the right to assign these Terms of Use to any parent, subsidiary, or affiliated company, or as part of the sale, merger, or transfer of the Company to another entity, at any time. The Company will make reasonable efforts to notify you of any change of ownership. However, you are not authorized to assign, transfer, or sublicense these Terms of Use to any third party, and any such attempt shall be considered null and void and shall not be effective.

19. Choice of Law; Venue; Class Action Waiver

These Terms of Use shall be interpreted and enforced in accordance with the laws of the State of Florida, without giving effect to any conflicts or choice of laws provisions that would cause the application of any other jurisdiction’s substantive laws. The parties expressly and irrevocably consent to the exclusive venue of the Federal and State courts located in Miami-Dade County, Florida, and further agree to submit to their exclusive jurisdiction, with respect to any disputes arising out of or related to these Terms of Use or their relationship, except in the case of arbitration pursuant to Section 13. Additionally, any waiver of class action rights shall be enforced in accordance with applicable law.

20. Downloading Files

Bellinterno cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

21. Additional Terms of Service

If you purchase any Product or Service from Bellinterno, such purchases will be subject to the additional terms and conditions and agreements associated with such purchases. Please review the policies that govern your use of such Services. These services are but not limited to: Shipping Policy, Returns and Exchange Policy, and Limited Warranty,  Detailed information can be found on each of the respected links and pages of each agreement.

22. Password Security

If you register to become a Bellinterno member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

23. Entire Agreement

These Terms of Use, together with any additional terms, policies, rules, and guidelines posted on the Site, including the Privacy Policy, constitute the entire agreement between you and the Company and supersede all prior written or oral agreements. If any portion of these Terms of Use is deemed invalid or unenforceable, the remainder shall be interpreted in accordance with applicable law to reflect, as closely as possible, the original intent of the parties, and the unaffected portions shall continue to remain in full force and effect. The Company’s failure to exercise or enforce any right or provision of these Terms of Use shall not be construed as a waiver of such right or provision.

Send written notice to:

If you have questions or concerns, please e-mail: legal@bellinterno.com